EFTA00721995.pdf

SUSMAN GODFREY L.L.P. A REOI LIMITED LiAaiun' •ARTNCRSHIP 5TH FLOOR 654 MADISON AVENUE NEW YORK, NEW Y RK 10005-8404 FAX SUITE 5100 1000 Loimiliam• 57nrer Mauna+ Texas 77002-5006 STana - Daetc-r 0cM. State 5100 001 Ma. U? to Clau-as Ttxas 75202.3775 Sn 950 1991 "soma, Or Mt STAR[ LOS Mott - 7-6020 Cm -" I E-Mat March 25, 2010 CONFIDENTIAL: FOR SETTLEMENT PURPOSES ONLY Via Electronic Mall Mr. Brad S. Karp Paul Weiss 1285 Avenue of the Americas New York, New York 10019 Re: Fortress Investment Group LLC and Jeffrey Epstein Sum 3800 I 20 J Maio A.4.1111L SIGA^LE WaStIOCC•I 0619 i -3000 Dear Mr. Karp: This letter sets out the basis and terms upon which Peter Briger, on behalf of the Fortress Value Recovery Fund I LLC (f/k/a D.B. Zwirn Special Opportunities Fund, L.P., the "Fund"), and Jeffrey Epstein (in his personal capacity and in his capacity as President of Jeepers, Inc. and sole shareholder of Financial Trust Co. ("Mr. Epstein")) will hold discussions regarding Mr. Epstein's potential dispute with the Fund: 1. The parties have agreed to hold discussions on March 26, 2010. 2. The discussions will take place with the participation of outside counsel to each party. 3. The meeting will take place at the offices of Fortress Investment Group, 1345 Avenue of the Americas. EFTA00721995 March 25, 2010 Page 2 4. The parties agree that the meeting, as well as any and all communications between the parties, and any and all materials exchanged between the parties, at or relating to the meeting are confidential and for settlement purposes only. Nothing discussed or exchanged between the parties at or relating to the meeting shall be used for any other purpose; provided however this agreement shall not apply to information or material obtained from sources other than the meeting. 5. All of the discussions at or relating to the meetings described above, and any information exchanged in connection with those discussions and/or meetings, shall be subject to all of the protections available under Delaware law, Rule 408 of the Federal Rules of Evidence and any other applicable rules and/or privileges for settlement discussions and materials. 6. Nothing discussed or exchanged between the parties at or relating to the meeting or meetings shall waive any of the parties' rights or remedies. The parties specifically reserve all of their rights and remedies. If these terms are acceptable, please indicate your acceptance below on behalf of your client Mr. Epstein and return a copy of this letter agreement to me via email and Federal Express. Counsel for Mr. Epstein Agreed and Accepted: Brad S. Karp Counsel for the Fund EFTA00721996